Ironically, the credit for banning triple talaq in India goes to BJP and Narendra Modi, not Congress

Published: August 31, 2017

Muslim women in Varanasi after the BJP swept the Lok Sabha elections in 2014. PHOTO: AFP

The recent decision regarding triple talaq by the Supreme Court (SC) of India has elated many liberal intelligentsias. I also believe that it is a step in the right direction and should be applauded by all those who want better treatment for Muslim women in India.

I have written about it earlier as well, that one of the major problems ailing the Muslim societies is the gender imbalance due to the on-going rampant religious orthodoxy.

From a political perspective, what is really interesting is that apparently, the party which has actually championed the issue in recent times is not the left-leaning Indian National Congress but the right-wing Bharatiya Janata Party (BJP). In fact, even before the verdict was announced, BJP had constantly projected this as an important political issue. Prime Minister Narendra Modi himself took a very direct and bold stance on this issue several times.

So why is this the case? Why is a right-wing party supporting something which is evidently liberal and progressive? Why have Congress and other left-leaning political parties, despite their apparent liberal credentials, failed to support the repeal of triple talaq in a clear and unequivocal manner? While it is true that Congress has welcomed the decision of SC, the reality is that throughout the heated debate on this issue, they treaded lightly and tried to avoid taking a clear and candid stance.

In order to comprehend this, we need to understand the political strategy of parties like Congress in the context of Indian secularism. In the West, secularism means separation of state and religion while in the Indian context, secularism means ‘equality’ between all religions. However, in reality, it has evolved as the protection of religious minorities and their respective faiths. In case of Muslims, this has resulted in them being governed by the Muslim Personal Law, in matters pertaining to personal domain.

Over the years, Congress has championed itself as the protector of this kind of secularism and its political strategy has been to court sizeable minority groups, particularly Muslims who often vote as a block. At surface, promoting this brand of secularism looks normatively appealing, while in reality, it has led to several anomalies as at times, Congress has ended up actually supporting reactionary laws despite its claims of being a liberal and progressive party.

One of the most famous incidents was the Shah Bano vs Mohammad Ahmed Khan case (1985), where Shah Bano, a divorcee had appealed to the court for alimony payment from her husband. The case went to SC, where it was decided in her favour.

The verdict angered conservative sections in Muslims and there was a movement against it which threatened to turn violent. At that time, Rajiv Gandhi was losing popularity and he feared that if Muslims did not support him electorally, Congress would be decimated in elections. Hence in order to appease Muslims, Gandhi’s government passed an act in 1986 titled as ‘The Muslim Women (Protection of Rights on Divorce) Act, 1986’ to nullify the judgment of SC.

The passing of this law was a clear case of appeasement and was normatively flawed as instead of protecting the rights of an old divorcee woman, it actually deprived her of monthly sustenance. It was a political move aimed at gaining immediate political advantage, which eventually backfired both in the short run and long run.

This move gave BJP the much needed political space as it was able to portray Congress as a Muslim appeasing party. It was also able to create the perception that secularism espoused by Congress was actually anti-Hindu in nature as it privileged Muslims too much. Since Congress was clearly on a weak moral wicket, BJP was also successful in creating a polarisation which benefited the latter. It was that point onwards that Hindus gradually started to abandon the Congress and other parties with similar outlook.

Before mid-80s, parties like BJP had been in the fringe and seemed destined to remain there. Consider this: BJP contested a total of 229 seats in Lok Sabha and won just two in the 1984 elections. However, things had changed dramatically by 1989 as in these elections, BJP increased its seat tally to 85 and became the most important partner of Janata Dal led coalition. The Shah Bano case along with Ram Mandir issue played a decisive role in BJP’s dramatic rise.

What Congress completely overlooked was the fact that for secularism to have some sort of a political appeal, it should have something attractive for the majority as well. Over-appeasement of minorities, particularly when normative basis is weak, will end up alienating majority, uniting them on communal lines.

This is exactly what has happened in India. To a substantial extent, the rise of communal BJP has been scripted by parties like Congress and their blunders. The problem is that they have not learnt their lessons even now.

As I pointed out earlier that even in the triple talaq case, Congress was not clear in its stance and treaded very carefully. Ironically, it is BJP, a communal party, which has ended up actually supporting the cause of Muslim women.  It has done so in a way that it has managed to further consolidate its Hindu vote while increasing the possibility of gaining some votes from Muslim women in future.

Now that the verdict has been announced, some are predicting that BJP’s stance on triple talaq will reap the reward in the form of rich electoral dividends in future as both its Hindu and Muslim vote banks are likely to increase. Politically, BJP has played a masterstroke and PM Modi deserves credit for that. In fact, he was very vocal immediately after the verdict when he tweeted the following:

BJP has ended up taking the credit in this matter and rightly so.


Raza Habib Raja

The author is a recent Cornell graduate and currently pursuing his PhD in political science at Maxwell School, Syracuse University. He has also worked for a leading development finance institution in Pakistan. He is a freelance journalist whose works have been published at Huffington Post, Dawn (Pakistan), Express Tribune (Pakistan) and Pak Tea House. He tweets @razaraja (

The views expressed by the writer and the reader comments do not necessarily reflect the views and policies of The Express Tribune.

  • Scrutator
  • Scrutator

    Wow!!! Finally a Pakistani author writing about Indian system and nailing it !!! Kudos to Raza Habib!!!

    I’ve read several Pakistani authors write about Indian muslims, communalism etc in India but they all succumb to their own biases, or to a desperate need to please their Pakistani audiences or to general misinformation.

    Recently a Pakistani Professor from LUMS wrote a rather shoddy article prompting me to provide her a detailed description of India-muslim relationship. But rather than going by the merits of the argument she got offended that I was ‘mansplaining’ to her !!!

  • wb

    On what basis are you saying that BJP is communal and Congress is secular. Based on all the examples you’ve given and I can give you additionally dozen more, it’s clear that Congress is the communal party and BJP is the secular party.

    Overall a very good blog and decent analysis. Very rare for Pakistan.Recommend

  • SuperNeo™

    Raza Habib Raja you are Cornell graduate and currently pursuing his PhD in political science at Maxwell School, Syracuse University.
    Still you write these low standard write ups showcase your love for nation

    NAMO is considered as one of the best leader in Indian history. he has courage to tough decisions , against corruption , religions fanatics , for improvement of local economy etc…

    make your education useful , teach your fellow citizens right thing Recommend

  • Yogi Berra

    Congress and hard line Mullahs have cause great harm to Indian Muslims. Today Hindus are totally against Muslims. There is no sympathy for Muslims in India. We should blame vested interests who played vote bank politics responsible for this.Recommend

  • Salim Alvi

    Looked at your twitter post. My eyes first fell on the part which said British reduced Mughal power… I stopped reading. British got power from Marathas and Sikh. Mughlai finished in 1707.Recommend

  • Test Test

    Good article. In India the so called “left”, “liberal” and “secular” parties are neither left, liberal nor secular in their outlook. In India, minorities get a special budget in every state and from the central government and its based on who is the minority in the state. However while in rest of India, this is followed correctly, in Jammu and Kashmir which is a muslim majority state, Hindus are still treated as majority and this portion of the budget is again used by muslims. All this was done by congress. Congress is probably the worst culprit of communalism in modern times. They have played to appease sections of people to get votes but this has resulted in them being viewed by most people as being hypocrites. Most Indians want to be truly secular and liberal, however in India the left parties, COngress and even some regional parties are playing partisan politics and hence they keep losing.Recommend

  • RHR

    Did you even read the article? It is actually appreciating MOdi in this case. At least read it firstRecommend

  • ask

    When a BJP-supporter calls Congress communal he means the latter is fishing for votes in a Muslim pool. When Congress voter calls BJP communal it means the saffroinists are grabbing the Hindu pool. Recommend

  • Rex Minor

    a good point. people usualy criticise your articles without fully reading them. Incidently, Mr Modi reckons a simply one time talaq is sufficient or alternatively three years separation should annul the marriage.

    Rex MinorRecommend

  • Reddy

    article has it’s own merits and it’s own ignorance ….india has been a multicultural,multi linguistic even before those words found place in english dictionary…then came islam which isn’t compatible with it’s own breed let alone with others…current india had enuf of islam and it’s followers…there is no going back from here…you can find the similar situation across the world,wherever islamic population reached sizable portion ,violence fallowed,then sharia and other moronic practices associated with islam…either reform or perish…Recommend

  • Patwari

    On what basis!? This coming from the Brahmini Banarsi Mulla,
    from the ghats of Ganga Mata. No need to speculate. Anything
    coming from the Butcher of Gujrat, also known as Jashodeben
    Chimenlal’s husband, is only to get,…say… maybe 19 more votes.
    This is the same man who has an Hindutva laced toxic agenda.
    Who compared murdered Muslims to dead puppies, and was responsible
    for the massacre of 2000 plus Muslims in Gujrat and for tearing down
    Babri Mosque. Same man who is Bal Thackeray’s mureed and a brown Hitler.
    Meaning Hindustan for hindus only. The rest leave, by boats, planes,
    donkey carts, peddle rickshaws, trains, bamboo rafts, banyan rafts,
    peepul tree rafts…knock together some crates…..anything handy.
    We should ask Jashodeben, how she feels about being abandoned
    by Modi Sarkar. Abandonment which is worse then not getting a divorce.
    Poor Mrs. Modi. Taking the bus to work and living hand to mouth.
    Oh! Forgot! By the way, Banarsi, make sure your Janeo thread is worn
    correctly. From left shoulder to right hip. They have sale going on at
    Lalurams’s janeo shop near Ganga Mahal Ghat. Might get a handful.
    You being a newly minted Brahmin, and all.Recommend

  • Patwari

    Er, sorry, did you mean The Saffron Lord? Butcher of Gujrat?
    Modi Sarkar? All Visas Rescinded Modi? Destroyer Of Kashmir?
    Jashodeben Chimenlal’s husband? Selfie King of Asia? 4000 Blind
    Children in Kashmir wala Modi? Let Me Hug You wala Modi?
    Is that the one who is God’s gift to Hindu Desh?Recommend

  • Patwari

    ‘…it is actually appreciating Modi in this case…’
    Is there any ‘case’ where you appreciate the Butcher of Gujrat?
    Murderer of innocent men, women and children, grandmothers, old men…
    Does not matter if he has turned into Mother Theresa and St. Francis
    of Assisi rolled into one. He has the blood of more than 2000 innocent Muslims
    on his hands. Nothing will ever wash that away. Nothing.
    Next thing we know you will be appreciating the late Idi Amin. Abu bakr Shekau,
    Dr. Goebbels, Augustus Pinochet….Recommend

  • RHR

    Coming from a supporter of Taliban Khan, the third class politician who was actually nominated by TTP to negotiate on their behalf.Recommend

  • Patwari

    Your Liege Lord, man with the sour pudgy looking face,
    freshly deposed, kicked out for the third, is in London
    Doing the high tea, eating cucumber sandwiches, dim sums,
    trying to hold the tea cup with the pinky in the air. Very
    hard to do when your fingers are like hot dogs. Nope,
    ain’t happening.
    Buying shirts, suits in Jermyn Street. Say Dunhill’s,
    Chuch’s. The Raja of Raiwind still looks uncomfortable in
    a $8000 dollar suit from Savile Row.. A dhoti suits him.
    Say, you the one from Poonjab? Where every banned
    outfit, sectarian/religious is allowed to have free movement..
    Like Jundulla, Le Taib, Jaish M, Le Jhangvi, Ahrarul Hind,
    Mauvia’s Brigade, IS, Ja Dawa thrive there. The deal the
    Bozo Bros. ooops! Sharif Bros. made is leave Poonjab alone
    rest of the country is yours. Sounds familiar?Recommend

  • RHR

    Wow! What an angry reaction. Just like Imran is known as an apologist of Taliban, and hence Taliban Khan, here we have an apologist of Taliban Khan.Recommend

  • Patwari

    Good grief!
    The one you labeled, ‘every Pak
    has common identity with the hindus of Bharat. An overarching
    common identity’…No they don’t have anything in common with
    They are entirely two different people.
    Just living in the same neighborhood.
    Do Qataris have anything in common with Saudis? Or with
    Egyptians? Oman has anything to do with Saudis ?
    Yemen? They speak the same language.Recommend

  • Gratgy

    Ignore inbred trollsRecommend